Legal Opinion

In Re Lemons

United States Bankruptcy Court, W.D. Oklahoma

Decided November 13, 2002No. 19-10733PublishedCited by 17 opinions

1Opinion of the Court

ORDER IMPOSING SANCTIONS

NILES L. JACKSON, Bankruptcy Judge.

Issue Presented

The issue presented can be succinctly stated: what sanctions, if any, should be levied against an attorney who misrepresented settled law in a Chapter 13 plan? Further, a more expansive query: what should be done to discourage future attempts of such “gamesmanship?”

Confirmation Hearing

This case came on for hearing on confirmation of Debtors’ Chapter 13 plan, to which creditors, United Student Aid Funds, Inc., Oklahoma State Regents for Higher Education, and Educational Credit Management Corporation (hereinafter…

2Cases cited17 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Bruning v. United StatesSupreme Court of the United States · 1964
  3. Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
  4. Robert Taylor v. Freeland & Kronz Wendell G. Freeland Richard F. KronzCourt of Appeals for the Third Circuit · 1991
  5. Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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3Cited by17 opinions

  1. In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
  2. Educational Credit Management Corp. v. Repp (In Re Repp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Ruehle v. Educational Credit Management Corp. (In Re Ruehle)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
  4. Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Court of Appeals for the Tenth Circuit · 2007
  5. In Re RameyUnited States Bankruptcy Court, E.D. Arkansas · 2003

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